Pushpendra Singh Bhati,J. - (1.) In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
(2.) This Court perused the material available on record. The petitioner has been arrested in connection with FIR No.35/2019 of Police Station Padampur, District Sri Ganganagar for the offences punishable under Sections 8/22 and 29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
(3.) Learned counsel for the petitioner submits that similarly situated co-accused Sarvjeet Singh has already been granted bail by a coordinate Bench of this Hon'ble Court vide order dated 03.09.2020 passed in S.B. Criminal Misc. Bail Application No.3517/2020. The said order reads as under:- "Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. The petitioner has been arrested in FIR No.35/2019 of Police Station Padampur District Sriganganagar for the offences punishable under Sections 8/22, 29 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. Learned counsel for the petitioner has submitted that as per the prosecution story, huge quantity of narcotic contraband drugs was recovered from the petitioner and co-accused Puran Ram. It is submitted that during the course of investigation, Puran Ram has provided information while in police custody that he procured the said narcotic contraband drugs from one Taljindersingh. The police arrested Taljindersingh and while in police custody, he gave information that he procured the said narcotic contraband drugs from the petitioner. It is also submitted that except the information given by co-accused while in police custody, no other evidence is available against the petitioner on record to connect him with the commission of crime. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and having gone through the material available on record particularly the statements of Investigating Officer PW-6, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sarvjeet Singh S/o Gamdur Singh shall be released on bail in connection with FIR No.35/2019 of Police Station Padampur District Sriganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.";